N O T I C E
Dated: 20th February, 2019
Trading Members are
hereby informed that the Exchange has received a Circular from SEBI Vide Ref.
No. SEBI/HO/MRD/DOP2DSA2/CIR/P/2019/31, Dated: February 20,2019 regarding Advisory Committee at Market Infrastructure Institutions
(MIIs). The
contents of the said circular are reproduced hereunder for information of
trading members.
Quote:
-
CIRCULAR
SEBI/HO/MRD/DOP2DSA2/CIR/P/2019/31 February
15, 2019
To
All Stock Exchanges, Clearing Corporations and Depositories.
Sir/ Madam,
Subject: Advisory Committee at Market Infrastructure Institutions
(MIIs)
1. SEBI, vide circular no. SEBI/HO/MRD/DOP2DSA2/CIR/P/2019/13
dated January 10, 2019, inter alia provided
functions, composition and quorum of the seven statutory committees at Market
Infrastructure Institutions (MIIs).
2. Clause
6 of the aforesaid circular provides the overarching principles for composition
and quorum of the statutory committee at MIIs, which is applicable to all
committees at MIIs with an exception for Investor Grievance Redressal Committee
(IGRC). This clause mainly prescribes that the number of PIDs shall not be less
than the total of number of other members put together for the composition of
the committees, quorum for the meeting of the committees and for validity of
voting on a resolution in the meeting of the committee.
3. Based on representations received and the fact that the
Advisory committee is the only committee wherein trading members, clearing
members and depository participants can provide their suggestions to the
concerned MIs on non-regulatory and operational matters, it has been decided
that Clause 6 of the aforementioned circular shall not be applicable to the advisory
committee at MIIs towards enabling wider participation of members of MIIs in
the said advisory committee.
4. Accordingly, in partial modification to SEBI circular no.
SEBI/HO/MRD/DOP2DSA2/ CIR/P/2019/13 dated January 10, 2019:
a. Clause 6 of the aforementioned circular shall also not be
applicable to Advisory Committee, along-with IGRC.
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b. Also the below stated clause provided in composition of
advisory committee, at point A(5), B(5) and C(5) of the Annexure to the
circular dated January 10, 2019, shall stand deleted:
‘The number of PIDs shall not be less
than the total of number of shareholder directors and trading members /
clearing members / depository participants [as applicable] put together’.
5. MIIs are
directed to:
a. take
necessary steps to put in place systems for implementation of the circular,
including necessary amendments to the relevant bye-laws, rules and regulations;
b. bring the
provisions of this circular to the notice of their members and also disseminate
the same on their websites; and
c.
communicate to SEBI, the status of implementation of the provisions of this
circular in the Monthly Development Report.
6. This
circular is being issued in exercise of powers conferred under Section 11 (1)
of the Securities and Exchange Board of India Act, 1992, read with Section 10
of the Securities Contracts (Regulation) Act, 1956 and Section 19 of the Depositories
Act, 1996, to protect the interests of investors in securities market and to
promote the development of, and to regulate the securities market.
7. This
circular is available on SEBI website at www.sebi.gov.in at “Legal
Framework→ Circulars”.
Yours
faithfully
Bithin Mahanta
Deputy
General Manager
Market
Regulation Department
Email:
bithinm@sebi.gov.in
Unquote: -
Trading Members are requested to take note of the
aforesaid guidelines of SEBI .
Dhiraj
Chakraboty
Deputy
General Manager
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